By Tanya Faulkner
Lives are at stake if nothing is done.
A concerned resident of Upwey has come forward about concerns of an overhanging tree causing risks to his property, with nothing he can do.
Geoff Kirwood wakes up every morning on his Bellbird Road property to the view of a dying gum tree that sits on his rear neighbours’ property, and appears near to falling.
According to Mr Kirwood, the tree poses danger – not only to himself and his property – but depending on how the tree fell, could also take out the nearby overhead power lines.
“The neighbour had another dead black wattle, and when that came down it took out the overhead lines.
“If the gum tree should fall, depending on what way it goes, it’s either going to crush my living room, or take out the overhead lines,” he said.
Despite several attempts at resolution with his neighbour to have the tree removed, it remains an issue for Mr Kirkwood, who’s living room and kitchen are at potential risk should it fall.
However, it’s not the tree that is the biggest concern for Mr Kirkwood, it’s the lack of concern from local council and state representatives.
“This issue is pertinent to locals to be addressed at council or state level.
“Victoria is the only state that has not adopted any dangerous tree legislation, so we can’t take these issues to VCAT, as they have no jurisdiction.
‘The issue should be of more concern, as people have died in the Hills from being hit by falling trees.
“We have no interest in this issue from my local councillor, our state member or shadow representatives,” he said.
In 2017 an inquiry into the adoption of a Neighbourhood Tree Disputes Act to help Victorians resolve disputes quickly was brought to parliament.
After a lengthy process, which included 63 submissions and the recommendation of adopting the legislation, the project was shelved in parliament in 2019.
Mr Kirkwood said this legislation needs to be reconsidered as a serious matter.
“It’s pertinent to us that the government readdresses this legislation.
“Just because we’re a small number of people lobbying for it, the government appears to have just ignored it,” he said.
A spokesperson for the Victorian Government said the government has not tabled a response to the VLRC’s report.
“Comprehensive information on how to deal with tree disputes can be found on the Dispute Settlement Centre’s website,” they said.
Mr Kirkwood is calling for dangerous tree legislation to be reconsidered by local council and government representatives.
“There needs to be a way for locals to address issues of overhanging trees that pose a threat to their livelihood,” he said.
